Manipulating User Postings Removes Service Provider from CDA Immunity

Richard Raysman is a Partner in our New York office

As detailed on this blog before, the immunity from "publisher or speaker" liability for interactive computer service providers under the Communications Decency Act (CDA) is broad and generally encompasses a wide variety of actions taken by these entities. That said, the immunity can be lost in certain scenarios. Whenever the service provider manipulates or contributes to the user-generated content on its computer services platforms, it risks losing the immunity, and thereby engenders the potential for liability under the CDA.

Moving and Storage, Inc. v. Panayotov, No. 12--12262--GAO, 2014 WL 949830 (D. Mass. Mar. 12, 2014) is an example of how manipulation of user-generated content can preclude a claim of immunity under the CDA by a service provider. The plaintiffs consisted of corporations that provided moving services. They alleged that the defendants, the operators of a moving company review website called MyM